Jones v. Rock et al

Filing 54

ORDER: ORDERED that the 53 Report-Recommendation is hereby adopted in its entirety. ORDERED, that the defendants' motion for summary judgment (Dkt. No. 46 ) is granted in its entirety. ORDERED, that the plaintiff's claims against John Doe defendants #1-6 are dismissed without prejudice from this action due to plaintiff's failure to prosecute. Signed by Senior Judge Norman A. Mordue on 2/24/15. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________________
EUGENE JONES,
Plaintiff,
v.

9:12-cv-0447
(NAM/TWD)

N
A

ROCK, Superintendent, Upstate Correctional Facility;
J. MARIENELLI, MHU Counselor, Upstate Correctional
Facility; JOHN DOE #3, Mental Health Doctor, Upstate
Correctional Facility; MICHAEL HOGAN, Mental
Health Commissioner; J. HEALY, C.O., Upstate
Correctional Facility; JOHN DOE #2, C.O., Upstate
Correctional Facility; JOHN DOE #3, C.O., Upstate
Correctional Facility; LAVEEN, C.O., Upstate Correctional
Facility; DWYER, C.O., Upstate Correctional Facility;
JOHN DOE #4, Lt., Upstate Correctional Facility;
S. SANTAMORE, Sgt., Upstate Correctional Facility;
BURGESS, C.O., Upstate Correctional Facility; JOHN
DOE #5, C.O., Upstate Correctional Facility; JOHN DOE
#6, C.O., Upstate Correctional Facility; JERRY MILLER,
Dental Doctor, Upstate Correctional Facility,
Defendants.
________________________________________________
APPEARANCES:

OF COUNSEL:

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EUGENE JONES
95-B-1881
Clinton Correctional Facility
P.O. Box 2002
Dannemora, NY 12929
Plaintiff pro se
HON. ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
The Capitol
Albany, New York 12224
Counsel for Defendants

COLLEEN GALLIGAN, ESQ
Assistant Attorney General

NORMAN A. MORDUE, SENIOR U. S. DISTRICT JUDGE

ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge
Thérèse Wiley Dancks, duly filed on the 31st day of January 2015. Following fourteen (14) days
from the service thereof, the Clerk has sent me the file, including any and all objections filed by
the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge’s ReportN

Recommendation, and no objections submitted thereto, it is
ORDERED that:
1. The Report-Recommendation is hereby adopted in its entirety.
2. The defendants’ motion for summary judgment (Dkt. No. 46) is granted in its entirety.
3. The plaintiff’s claims against John Doe defendants #1-6 are dismissed without

A

prejudice from this action due to plaintiff’s failure to prosecute.
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the
Magistrate Judge assigned to this case.
IT IS SO ORDERED.

M

Dated: February 24, 2015
Syracuse, New York

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